Supreme Court's 3-member bench while hearing the suo moto notice on judges' appointment has suspended Presidential order. A short judgment has been issued in this regard. According to the short verdict, the notification is contradictory to Article 177 of the Constitution. Justice Khawaja Sharif and Justice Saqib Nisar will continue serving their incumbent posts as chief justice Lahore High Court and judge LHC respectively. The bench - headed by Justice Mian Shakirullah Jan and comprised of Justice Raja Fayyaz Ahmed and Justice Jawad S. Khawaja – heard the case.
Earlier, Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has taken suo moto notice on judges’ appointment. Supreme Court's 3-member bench is reviewing the suo moto notice. Attorney General has been called in the Supreme Court by the bench in this regard.
Rejecting the summary sent by the CJP Iftikhar Muhammad Chaudhry for judges’ appointment, President Asif Ali Zardari has appointed LHC Chief Justice Khawaja Muhammad Sharif as judge of the Supreme Court. Justice Saqib Nisar has been appointed as Acting Chief Justice of LHC. However, both the judges have refused President’s decision and said that they cannot decide anything without consultation with the CJP.
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Notification for judges appointment has been issued. According to sources, it has happened for the first time in the history of Pakistan that any senior most judge has been appointed as Acting Chief Justice of Lahore High Court.
Justice Khawaja Sharif said that he will not accept any decision without consultation with the Chief Justice of Pakistan while Justice Saqib Nisar said that he will act upon CJP’s orders and he will not go to Governor House to take oath of the post.
Chief Justice Iftikhar Muhammad Chaudhry had sent summary to the President recommending the name of Justice Saqib Nisar for the appointment in Supreme Court. CJP also recommended the President to retain Justice Khawaja Sharif as Chief Justice of LHC.
Earlier, President Asif Ali Zardari held a meeting with Prime Minister Yousaf Raza Gilani at the Presidency in which country’s situation came under discussion. Before his meeting with PM Gilani, President also met with Babar Awan and Latif Khosa in which judges’ appointment issue was discussed. On this occasion, situation prevailed after Supreme Court’s decision on NRO was also reviewed.
Dunya News